Lisa Barnette v. City of Phenix City , 280 F. App'x 935 ( 2008 )

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
June 10, 2008
THOMAS K. KAHN
No. 07-15356 CLERK
D. C. Docket No. 05-00473-CV-W-E
LISA BARNETTE,
JERRY BARNETTE, et al.,
Plaintiffs-Appellees,
versus
CITY OF PHENIX CITY, AL.,
OFFICER LAHR, OFFICER BAILEY, OFFICER NOLIN,
OFFICER CAREANO, OFFICER BARR,
GROVER GOODRICH, DEPUTY,
HEATH TAYLOR, DEPUTY,
Defendants-Appellants.
Appeals from the United States District Court
for the Middle District of Alabama
(June 10, 2008)
Before DUBINA and BARKETT, Circuit Judges, and SCHLESINGER*, District
Judge.
PER CURIAM:
Appellants bring this interlocutory appeal pursuant to 28 U.S.C. § 1291 and
Mitchell v. Forsyth, 472 U.S. 511, 105 S. Ct. 2806, 86 L. Ed. 2d 411 (1985),
challenging the district court’s ruling denying them summary judgment by finding
that they were not entitled to qualified immunity with respect to Appellee’s claims
brought under 42 U.S.C. § 1983.
After reviewing the record, reading the parties’ briefs, and having the
benefit of oral argument, we conclude that the district court did not err in denying
Appellants’ motion for summary judgment. Accordingly, the district court’s ruling
is
AFFIRMED.
*
Honorable Harvey E. Schlesinger, United States District Judge for the Middle District of
Florida, sitting by designation.
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